IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.288 of 2024
Decided on: 30th September, 2024
-------------------------------------------------------------------------------------
Lalita Kumari …..Petitioner
Versus
Gaurav Thakur .....Respondent
-------------------------------------------------------------------------------------
Coram
Ms. Justice Jyotsna Rewal Dua
Whether approved for reporting?1
For the Petitioner: Mr. Tara Singh Chauhan, Advocate.
For the Respondent: Mr. Amar Deep Singh, Advocate vice
Mr. Naresh K. Sharma, Advocate.
------------------------------------------------------------------------------------
Jyotsna Rewal Dua, Judge
The petitioner has instituted this petition under
Section 24 of the Civil Procedure Code seeking transfer of
Case No.10/2024 (Gaurav Thakur Versus Lalita Kumari)
preferred by the respondent-husband under Section 13(1)
(i-a) of the Hindu Marriage Act in the Court of learned
Additional Principal Judge, Family Court Hamirpur to the
learned Additional Principal Judge, Family Court
Ghumarwin, District Bilaspur.
2. The petitioner has submitted in the petition that
marriage between the parties was solemnized on
1
Whether reporters of print and electronic media may be allowed to see the order? Yes
2
30.10.2019. Due to the marital discord, the petitioner left
her matrimonial home on 05.02.2023 and is residing with
her parents at Ghumarwin, District Bilaspur. That the
petitioner is totally dependent upon her parents and is not
being paid any maintenance amount by the respondent. It
has also been submitted that the petitioner herself has
instituted an application under Section 125 of the Criminal
Procedure Code before the learned Additional Principal
Judge, Family Court Ghumarwin, District Bilaspur against
the respondent seeking maintenance.
3. Learned counsel for the petitioner submits that
in view of the aforesaid factual position, it is not possible for
the petitioner to defend herself in the divorce petition
instituted against her by the respondent-husband at
Hamirpur. Hence, prayer has been made to transfer the
petition from the Court of learned Additional Principal
Judge, Family Court Hamirpur to the learned Additional
Principal Judge, Family Court Ghumarwin, District
Bilaspur. Learned counsel further submits that the address
of the petitioner given in the memo of parties is incorrect.
The petitioner is residing at Ghumarwin, District Bilaspur.
The memo of parties reflects that address of the petitioner,
3
which was given by the respondent in the divorce petition
filed by him.
Learned vice counsel appearing for the
respondent has no objection to the aforesaid prayer of the
petitioner.
4. Considering the pleadings in the application and
also the submissions made for the parties, HMA Petition
No.10/2024 (Gaurav Thakur Versus Lalita Kumari),
preferred by the respondent-husband before the Court of
learned Additional Principal Judge, Family Court Hamirpur
is ordered to be transferred to the Court of learned
Additional Principal Judge, Family Court, Ghumarwin,
District Bilaspur, H.P.
Registry is directed to convey this order
forthwith to both the learned Courts below for compliance.
Learned Additional Principal Judge, Family Court Hamirpur
is directed to transfer the record pertaining to above-
numbered petition forthwith to the learned Additional
Principal Judge, Family Court Ghumarwin, District
Bilaspur. Parties, through their learned counsel, are
directed to remain present before the learned Additional
Principal Judge, Family Court Ghumarwin, District
Bilaspur on 28.10.2024.
4
The petition stands disposed of in the above
terms, so also the pending miscellaneous application(s), if
any.
Jyotsna Rewal Dua
September 30, 2024 Judge
Mukesh